VIGO: General Terms and Conditions of use
1.1 “account(s)”: means a synonym for your VIGO website.
1.2 “Content”: all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials uploaded, posted or stored in connection with your use of the Services.
1.3 “Commercial Products”: means when one can sell and purchase goods and services through other sites hosted and/or designed by VIGO.
1.4 “Contract period” either one (1) month or twelve (12) months.
1.5 “data”: see clause 19.
1.6 “domain”: website url of the User/you for eg www.yourbusiness.co.za /.com
1.7 “express written permission / notification / request”: means notification via email to email@example.com.
1.8 “Materials”: include, but are not limited to, software, all information text, software documentation, design of and “look and feel”, layout, photographs, graphics, audio, video messages, interactive and instant messaging, design and functions, files, documents, images or other materials, whether publicly posted or privately transmitted as well as derivative works.
1.9 “Log-in information”: means the information you type in to access your Site/account.
1.10 “payment service provider(s)”: all payments will be processed through VIGO’s preferred and/or chosen third party payment service provider.
1.11 “partner channels”: strategic third party business partners.
1.12 “publish”: means when your Site is linked to a live domain to make your Site available to the public.
1.13 “Service(s)”: generalised and personal content, web hosting services, communications tools and forums, mobile applications and ecommerce tools and services directly and through the website and associated domain.
1.14 “Service Agreement” refers to the options under “Pricing” on the Site, third party agreements and ad hoc promotions, which may vary from time to time.All fees will increase by 10% annually, effective 1 March each year.
1.15 “Subscription Fee(s)”: means the monthly or annual payment for Services which may vary from time to time.
1.16 “the Site”: means www.withvigo.com
1.17 “the User”: means you as the User of VIGO’s services.
1.18 “trial period”: means free service of VIGO’s Services and Materials until your Site/account is published.
1.19 “user ID”: means “your username”.withvigo.com – thus the log in details of your VIGO account.
1.20 “User information tracking”: means the process of obtaining personal information in order to identify the user.
1.21 “your username”: means the name you type in when wanting to log on to VIGO.
1.22 “your Site”: means the www.yourbusiness.co.
1.23 “VIGO” refers to VIGO Brand Management (Pty) Ltd.
All Materials and Services available on the Site, and all Materials and Services provided by or through VIGO or its partner channels are owned by VIGO or other parties that have licensed their material or provided services to VIGO, and are protected by copyright, trademark, trade secret and other intellectual property laws. All VIGO trademarks and service marks, logos, slogans and taglines are the property of VIGO. All other trademarks, service marks, logos, slogans and taglines are the property of their respective owners. Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on VIGO without our express written permission, or the express written permission of such third-party that may own the trademark, service mark, logo, slogan or tagline.
3. Right of use by you
Subject to these terms and conditions, VIGO hereby grants you a limited, irrevocable, non-transferable and non-exclusive license to use the Materials through a user identification reference provided by VIGO (“User ID”) to the extent, and only to the extent, necessary to access and use the Services in accordance with the these terms and conditions. This license does not permit you, and you agree not to: store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to discover any programming code or any source code used in or with the Materials or otherwise distribute in any way the Materials other than as specifically permitted herein. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Materials, create derivative works based on or in any manner commercially exploit the Materials, in whole or in part, other than as expressly permitted for herein. Any use of the Materials for any purpose other than as specifically permitted herein or without VIGO’s prior express written permission or the prior express written permission of VIGO’s licensors, as applicable, is expressly prohibited. VIGO reserves all rights not expressly granted herein.
VIGO will provide you with one User ID for each account held by you, thereby permitting you access to the Materials on one computer at a time through the Site. You further agree (a) not to provide User ID(s) to anyone, and (b) to ensure all individuals permitted to use the User ID(s) are aware of and have agreed to comply with these terms and conditions, failing which could result in limitation of VIGO’s ability to deliver Service.
4. Information provided to VIGO
You are legally responsible for the Content of your site. VIGO is not responsible for your Content on your Site. You hereby grant VIGO a worldwide, royalty-free, non-exclusive license to host and use the Content in order to provide you with the Services and hereby represented and warrant that you have all the rights necessary to grant VIGO such license. You are responsible for the Content on your Site and acknowledge the fact that the Content may be lost or unrecoverable through your negligent use of the Services. You must archive and back-up your Content regularly and frequently as VIGO are not obliged to keep back-ups of your Site’s Contents.
5. Access to alternative accounts and services
Some of our Services may require you to give VIGO access to or require you to provide login information and password information for accounts or services you may have with third party providers. When you provide this information to VIGO or give VIGO access to these third party accounts you agree that you have read all contracts and written agreements governing such access, login information and passwords and that you have all the necessary contractual and legal rights to give us such access, login information and passwords.
6. Comments and Feedback
Any questions, comments, suggestions, ideas, feedback, or other information provided by you to VIGO are not confidential and you hereby grant us a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such information as we deem appropriate, for any and all commercial and/or non-commercial purposes, in VIGO’s sole discretion.
7. Monitoring your Materials
VIGO may, but is not obliged to, monitor Content on your Site or websites created using our Services. VIGO may disclose any information necessary or appropriate to satisfy our legal obligations, protect VIGO or its customers, or operate the Services properly. VIGO in its sole discretion, may refuse to post, remove, or require you to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of these terms and conditions.
8. Copyright Complaint Policy
If you believe any Materials infringe your copyrighted works, you are required to provide express written notification of claimed copyright infringement to VIGO within seven (7) days of becoming aware of such infringement.
9. Unconditional Warranties by you/the User
You/the User expressly warrants and agree to all of the following:
9.1 You are at least 18 years of age and that you have full legal capacity to sign up with VIGO and to agree to these terms and conditions.
9.2 that all information provided whilst setting up your account registration with VIGO is accurate and valid at all times.
9.3 that all registration information submitted are the truth and accurate.
9.4 You will not create an account for anyone other than yourself and will not transfer your account to anyone without first obtaining VIGO’s express written permission.
9.5 You will not use the Services or Materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or insider trading.
9.6 You will not use the Services or Materials to impersonate another person.
9.7 You will not imply or state, directly or indirectly, that you are affiliated with or endorsed by VIGO without our express written permission.
9.8 You may not send unsolicited messages (also known as junk mail or SPAM) to promote any website published on the Site.
9.9 You may not upload, post, email, transmit or otherwise make available or initiate any Content that contains software viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of the Services or the Materials or that may impact the ability of any VIGO user to access the Services.
9.10 You will not access the Services through automated methods. The Services may only be used or accessed through an electronic device through manual control at all times.
9.11 You may not upload individual files larger than 8MB.
9.12 You may not send messages using the Services which do not correctly identify the sender and you may not alter the attribution of origin in electronic mail messages or postings.
9.13 You will not share your login information, let anyone else access your account, or do anything that might jeopardize the security of your account. You will not attempt to or actually access the Services or Materials by any means other than through the interfaces provided by VIGO.
9.14 You will not attempt to or actually override any security component included in or underlying the Materials or Services.
9.15 You will not attempt or engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on VIGO’s infrastructure.
9.16 You will not publish, Content, or links to Content, that is:
9.16.1 Pornographic, sexually explicit, or violent.
9.16.2 Illegal (including stolen copyrighted material and material that infringes or has the potential to infringe the intellectual property rights of another).
9.16.3 Reasonably likely to cause harm, or that could be reasonably considered as slanderous or libellous.
9.16.4 Breaches another’s privacy.
VIGO may determine in its sole discretion whether or not an account is in violation of any of these terms and conditions. Violation of any of these terms and conditions may result in user information tracking with such information being stored to identify the offending user.
Offending users may be permanently restricted from holding an account or using the Services. If VIGO reasonably determines that your account is being used for illegal or fraudulent activity then your account may be immediately terminated and your financial data erased. VIGO must also report you to law enforcement officials in the appropriate jurisdictions.
10. Selling through VIGO
10.1 You may not offer or sell illegal or potentially illegal Commercial Products, including those that are counterfeited, stolen or fraudulent. Commercial Products sold using the Services must comply with all applicable laws, including Commercial Products sold to individuals outside of South Africa. Items identified as “not for distribution within the South Africa” may not be sold using the Services.
10.2 You may not offer or sell Commercial Products that infringe or have the potential to infringe the intellectual property rights or proprietary rights of another.
10.3 You may not offer or sell any Commercial Products that we, in our discretion, determine are inappropriate, offensive, pornographic, sexually explicit or violent.
10.4 You may not offer or sell any Commercial Products that are manufactured as, or primarily intended to be used as, weapons, including firearms, restricted devices or ammunition. We reserve the right to determine, in our sole discretion, whether Commercial Products constitutes “weapons” for purposes of this Agreement.
10.5 You may not offer or sell any Commercial Products that infringe upon or have the potential to infringe upon an individual’s privacy or that may be libellous, slanderous or otherwise defamatory.
10.6 You may not use images or names of any third party (including notable personalities or celebrities) when offering or selling Commercial Products without first obtaining that third party’s written permission.
Without limiting anything else in this Agreement, VIGO may immediately remove Content related to the offer or sale of Commercial Products in violation of this Agreement. If you sell a Commercial Product using our Services, then you must, upon our request, (i) use commercially reasonable efforts to stop the delivery of the Commercial Products to the buyer, or (ii) pay a refund for such Commercial Products to the buyer.
11. Cost of Services, Up/Downgrades & Refunds
11.1 VIGO offers Services at different monthly Subscription Fees depending on the type of Service Agreement entered into with VIGO.
11.2 You agree that VIGO may increase and/or decrease the monthly Subscription Fees offered for its Service and Materials from time to time, upon written notification to your email address as chosen in the application process.
11.3 Only Services and features clearly indicated as “free” or of “no charge” are free or without charge. It is not the responsibility of VIGO to provide free support for you in the use and operation of VIGO All other applications, features, functionality and support provided by VIGO and its partners are provided for the fees described for each service on the Site (“Fees”) and you are liable for such Fees.
11.4 If you registered for a trial period for the usage of the Services, the Services will remain free until you request to have your site published to the associated domain.
11.5 If you purchase any Services that VIGO offers, you agree to VIGO or our third party payment service providers, storing your payment card information. You expressly agree that we are authorized to charge you (i) a monthly Fee for any applicable Services billed on a monthly basis, (ii) any other Fees for Services you may purchase, and (iii) any applicable taxes in connection with your use of the Services to the payment card you provide and to reimburse us for all collection costs and interest for any overdue amounts. If the payment card you provide expires and you do not provide new payment card information or cancel your account, you authorise us to continue billing you and you agree to remain responsible for any uncollected Fees.
11.6 Subscription Fees are payable monthly or annually in advance. VIGO currently accepts monthly payments via debit order and annual payments via EFT.
11.7 VIGO accepts MasterCard and VISA Card.
11.8 Subscription Fees are payable as set out in the Service Agreement when activating the online debit order or credit card payment instruction. VIGO will only provide you with a monthly invoice on express written request only.
11.9 A processing fee of R50.00 (Excl. Vat) is charged on all returned debit orders and credit card transactions.
11.10 The merchant outlet country at the time of presenting payment options to the cardholder is the Republic of South Africa and the transaction currency is South African Rand (ZAR).
11.11 Invoices will be issued for annual Subscription Fees paid via EFT as well as ad-hoc services as and when these fees become due. Refer to the invoice presentation date (“Due Date”) shown on all invoices received from VIGO. It will be your sole responsibility to ensure their payments are made using the correct beneficiary reference (i.e. invoice number) as indicated on all invoicing. Failure to comply may result in an incorrect allocation of the Account Holder payment, which may cause service disruption as a result of the account being suspended due to non-payment.
11.12 The cost of domain registrations are for your account and you will be invoiced accordingly.
11.13 The annual renewal costs of a singular primary .co.za or .com registration is included in your Subscription Fees.
11.14 You will be invoiced for any additional domain registrations and annual renewals linked to your account and you will be invoiced accordingly. A management fee of R50 per transaction is payable.
12. Cancellation of Service Agreement, Refunds and Automatic Renewal
12.1 You may agree to a Contract Period as defined with THE COMPANY at the advertised monthly Service Fees offered by THE COMPANY for its Services and Materials from time to time, which Service Agreement may be terminated by you after twenty (20) business days’ express written notification to THE COMPANY. By default we require one full calendar month’s notification of non-renewal of subscription Services. If you do not provide this notice, you will be charged the rate stipulated on the relevant pricing page on our website for the next renewal term. To illustrate, for non-renewal to be effected at the end of December, notice of non-renewal must be received on or before the last day of November. There are no refunds on services in the termination period.
12.2 It is also recorded that in the event of direct marketing (as defined by the Consumer Protection Act) you may terminate your Service Agreement by giving express written notification within (5) five days of receipt of the Services or Materials and obtain a reimbursement of any payment made to THE COMPANY as defined in the Consumer Protection Act.
12.3 At the end of the Contract Period, your contract will automatically renew for an additional Contract Period until expressly cancelled by you. Cancellation must reach THE COMPANY through express written notification. Any cancellation issued via your website manager interface must be done at least twenty (20) business days’ prior to the end of the Contract Period to allow for adequate processing time.
12.4 in the event that you terminate your Service Agreement in terms of clause 12.1, you will be given a refund of any amounts paid in advance excluding setup fees (if any) and overages. Domain Registrations and/or Domain Renewals are not refundable.
12.5 VIGO will only refund you in the event of your account having a credit balance in the event of cancellation but not in the invent of a downgrade of Services.
12.6 VIGO will process authorised refunds to customers within a 30 day period.
13.1 Should any amount payable by you hereunder not be paid on due date or should you commit any breach of any other provision hereof and should such amount not be paid or breach not be remedied, as the case may be, within 20 (twenty) business days after receipt of written notice from VIGO, to your contact/subscription email address, requiring you to make such payment or to remedy such breach then and in either event VIGO shall be entitled to cancel your Service Agreement by notice given by it or on its behalf to you to such effect, such cancellation to be without prejudice to any claim that VIGO may have against you for any arrear Subscription Fees or future Subscription Fees remaining of your Contract Period which VIGO may suffer by reason of your breach and/or cancellation.
13.2 Should you fail to rectify the breach within the aforesaid time, VIGO will have the right to suspend your Service Agreement / Site until such time as the breach is rectified.
13.3 You will not hold VIGO liable for the loss or suspension of your customer services due to your failure to rectify your breach within the time frame allocated.
13.4 If you pay the amount due in full, you may have your existing Services re-activated and also purchase new Services.
You take full responsibility for all taxes and fees of any nature associated with Services, including any sales tax related to the purchase or sale of Commercial Products. VIGO shall not be liable for any taxes or other fees to be paid in accordance with or related to the Commercial Products. When purchasing or selling Commercial Products, it is your responsibility to determine whether or not sales taxes apply to a transaction and to collect, report and remit the correct amounts to the appropriate authority. Any tools provided as Materials or in connection with the Services indicating estimated taxes due are for illustration purposes only.
15.1 Services may be terminated and/or suspended by VIGO when you fail to rectify any breach of these terms and conditions.
15.2 Services may be terminated by you, without cause, by following the cancellation procedures set forth in clause 12.1 and 12.2 above.
15.3 VIGO may terminate Services at any time, without penalty and without notice, if you fail to comply with any of the terms and conditions herein or the intellectual property protections applicable to these Services.
15.4 Notice of termination of Services by VIGO may be sent to the contact/subscription e-mail associated with your account. Upon termination, VIGO has the right to delete all data, files, or other information that is stored in your account and claim any amounts owing.
15.5 On the termination of your Service Agreement for any reason, your access to the Materials and the Services, together with all the Content will come to an end. You are therefore responsible for any Content that may be lost or unrecoverable through your use or termination of the Services and are encouraged to archive your Content regularly and frequently.
16. Legal Costs
Should VIGO have to take any legal action against you to enforce any of these terms and conditions , you shall pay all legal costs, including collection commission, VAT, and tracing charges incurred by VIGO on an attorney and client scale.
17. Consent to Magistrate’s Court Jurisdiction
The law which governs the Service Agreement and to which these terms and conditions are subject to are the law of the Republic of South Africa. You consent to the jurisdiction of the Magistrate’s Court under Section 28 of the Magistrate’s Court Act 1944, in regard to any legal proceedings instituted by VIGO in connection of the Service Agreement and these terms and conditions, notwithstanding the fact that it may exceed the jurisdictional limit.
VIGO reserves the right, in our sole discretion, to modify or replace any part of these terms and conditions at any time. You will be notified via email and via your VIGO dashboard of any changes made to this Agreement. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
19. Errors and Access to Site
You are solely responsible for the accuracy and appropriateness of all data and content within your website; including sales tax calculations, product pricing, and product descriptions, shipping charges, contact information, email communications, and electronic payment processing. VIGO will not be held liable for inaccurate information and potential damages as a result of any inaccuracies. You agree that VIGO may not under any circumstances maintain copies of files or documents that are send by you and that you are solely responsible for backing up data.
20. Limitation of VIGO’s liability & Your exclusive Remedy
VIGO is not liable to you or any other person for damages of any kind including any consequential, incidental, direct or indirect damages which includes but are not limited to any personal injury, loss of profit, business interruption, loss of programs and loss of Content on your Site arising from your use of the Site, Services, the Materials, Content or any third party user generated content available on or through the Site. You hereby indemnify VIGO, its directors, shareholders, third party partner channels and employees against any claims, demands and damage. In the event of any problem with your Site, the Services, the Materials and the Content, you agree that your sole remedy is to cease using your Site, the Services, the Materials and the Content. VIGO shall not be liable in any way for your failure to cease to use your Site, the Services, the Materials, your Content, the Commercial Products or third party user generated content on or through the Site.
You agree to indemnify, hold harmless and defend VIGO from and against any and all liability, loss, damages, expense or costs incurred or made against VIGO in connection with any claim arising from or related to (i) your use (or anyone using your account with- or without your permission), use of the Services, the Site or Materials; (ii) your Content; (iii) any Commercial Products you offer on or through your Site or through using our Services. You agree to co-operate as VIGO requires you.
22.1 If any portion of these terms and conditions is found to be unenforceable, the remaining portion thereof will remain in full force and effect.
22.2 If we fail to enforce any of these terms and conditions, such failure by VIGO will not be considered a waiver of any of VIGO’s rights to enforce these terms and conditions.
22.3 Any amendment to or waiver of these terms and conditions will have no effect unless it is in writing and signed by both parties.
22.4 You will not transfer, cede and assign any of your rights or obligations under these terms and conditions to anyone else without obtaining VIGO’s expressly written consent.
22.5 These terms and conditions does not confer any third party beneficiary rights.
22.6 Email support; email support provided to customers will strictly include the following ;
Setting up of emails within Hetzner’s KonsoleH
Providing clients with the login/setup information
Changing/updating email passwords
If emails are not working as it should, a few tests will be done to confirm if it is server related.
If the issues are server related, Hetzner (email service provider) will be contacted to sort out the issue.
If the issue is not server related, it will be the client’s responsibility to contact their own IT support to resolve the matter.
In the case of non-server-related issues, access to emails will be provided via WebMail.
23. CONTACT US
All correspondence should be sent to:
RE: Privacy Concern
PO BOX 3406, Durbanville, 7550
or email firstname.lastname@example.org